Western District of New York
Press releases recorded for this federal judicial district.
Buffalo Man Sentenced on Cocaine ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051Buffalo, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Damone Robertson-Burts, 35, of Buffalo, NY, who was convicted of possession with intent to distribute, and distribution of, cocaine, and maintaining a drug-involved premiseswas sentenced to serve 48 months in prison by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that on August 10, 2017, officers executed a federal search warrant at the defendant’s residence at 57 Roosevelt Avenue, after previously making three controlled buys of cocaine from the defendant. During the execution of the search warrant, officers recovered two packages of powder cocaine, $3,978 in cash, two digital scales with cocaine residue, a sifter with cocaine residue, and assorted ammunition.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt.Buffalo Man Pleads Guilty to Cocaine ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Larry Smith, Jr., 39, of Buffalo, NY, pleaded guilty before Chief U.S District Judge Frank P. Geraci, Jr. to possession with intent to distribute, and distribution of, 28 grams or more of crack cocaine. The charges carry a mandatory minimum sentence of five years in prison, a maximum of 40 years and a $5,000,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that between June 9 and July 27, 2017, the defendant sold crack cocaine to an individual working with the Drug Enforcement Administration on four occasions. In addition, on October 5, 2017, DEA agents recovered approximately 150 grams of crack cocaine in Smith’s residence at 56 Burgard Place in Buffalo.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
Sentencing is scheduled for October 18, 2018, at 10:00 a.m. before Judge Geraci.
Pittsford Man Sentenced on Child Pornography ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Jeffrey Bernecky, 30, of Pittsford, NY, who was convicted of possession of child pornography depicting prepubescent minors, was sentenced to serve 10 years in federal prison and 10 years supervised release by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Kyle Rossi, who is handling the case, stated that in 2012, Bernecky was convicted of possession and distribution of child pornography and sentenced to serve five years in federal prison. The defendant was released in 2016 and began a 15-year period of supervised release, administered by the United States Probation Department. On December 8, 2017, during a routine inspection, probation officers discovered that Bernecky was in possession of an unauthorized smartphone. The officers seized the phone. A forensic examination recovered approximately 200 images and 25 videos depicting the sexual abuse of children.
Today’s sentencing is the result of an investigation by the United States Probation Department, under the direction of Chief Probation Officer Anthony SanGiacomo, and the Federal Bureau of Investigation, under the direction of Special Agent in Charge Gary Loeffert.
Kingsmen Member Sentenced on Rico ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Stanley Olejniczak, 53, of Buffalo, NY, who was convicted of RICO conspiracy, was sentenced to 96 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Joseph M. Tripi and Brendan T. Cullinane, who handled the case, stated that between 2009 and 2016, the defendant was a member of the South Buffalo Chapter of the Kingsmen Motorcycle Club (KMC). Olejniczak admits that during the RICO conspiracy, KMC members and associates used and/or distributed marijuana, cocaine, methamphetamine, and other controlled substances in and around the South Buffalo Chapter Clubhouse. The defendant also admits that he possessed firearms, and that KMC members maintained access to and sold firearms.On June 7, 2013, the defendant and other KMC members, including Olejniczak, forcibly shut down the Springville Chapter and stripped members of their colors because the Springville Chapter members remained loyal to the former KMC National President. Brandishing firearms, KMC members struck a victim in the head with a blunt object and stole items from the Springville clubhouse. Olejniczak and other KMC members used bleach to clean areas where the victim bled and cut and removed portions of the rug which contained blood.
Olejniczak is one of 20 KMC members and associates charged in this case. To date, 14 have been convicted, including National President David Pirk, who was recently convicted following a four month jury trial. Charges remain pending against six other defendants. The fact that the defendants have been charged with a crime is merely an accusation and the defendants are presumed innocent until and unless proven guilty.
Today’s sentencing is the culmination of an investigation led by the Federal Bureau of Investigation’s Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert. Assisting in the investigation: the FBI Knoxville, TN, and Jacksonville, FL Field Offices; Immigration and Customs Enforcement, Homeland Security Investigations; the Erie County Sheriff’s Office; the Buffalo Police Department; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the New York State Police; the Olean Police Department; the Lancaster Police Department; the Amherst Police Department; the City of North Tonawanda Police Department; the Niagara Frontier Transportation Authority Police; the Cattaraugus County Sheriff’s Department; and the Hamburg Police Department.
Father and Son Sentenced in Conspiracy to Make Payments and Gratuities to City of Buffalo Police OfficersRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that James Mazzariello, Jr., 63, and his son, Adam Mazzariello, 38, both of Alden, NY, who were convicted of conspiring to pay bribes to City of Buffalo police officers, were sentenced to serve 12 months and six months in federal prison respectively by U.S. District Judge Richard J. Arcara. James Mazzariello, Jr. was also convicted of making and subscribing a false tax return.
Assistant U.S. Attorneys Russell T. Ippolito, Jr., and Maura K. O’Donnell, who handled the prosecution, stated that James Mazzariello, Jr. owned and operated Jim Mazz Auto, Inc. (“Jim Mazz Auto”) and National Towing, Inc. (“National Towing”). The companies were involved in all aspects of the automobile towing and repair business, including collision repair work, mechanical repair work, towing and storage work, and the sale of used automobiles. Adam Mazzariello supervised the towing services aspect of his father’s businesses.
Between January 2009 and May 2012, Jim Mazz Auto tow truck operators, at the direction of the defendants, made payments to certain City of Buffalo police officers for their assistance in enabling the drivers to tow motor vehicles damaged in accidents in the City of Buffalo. The tow truck operators made these payments from their own personal funds and were then reimbursed by the defendants. James Mazzariello, Jr. and Adam Mazzariello also directed and authorized others to make reimbursement payments to tow truck operators for payments.
The investigation examined and substantiated 19 different payments made by Jim Mazz Auto tow truck operators to City of Buffalo Police Officers. Approximately $500 in payments were made to City of Buffalo police officers while the gross revenue Jim Mazz Auto derived from making such payments totaled $43,022.74. The gross revenue consisted of payments made to Jim Mazz Auto for towing, as well as for mechanical and collision repair work.
In addition, James Mazzariello, Jr. filed false corporate tax returns and individual tax returns for tax years 2009 and 2010. He also significantly underreported the total amount of gross revenue for his business in order to pay less in federal taxes. The total tax loss was $125,311.
The sentencings are the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Internal Revenue Service Criminal Investigation Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office; the New York State Department of Motor Vehicles’ Division of Field Investigation, under the direction of Owen McShane, Director of Investigations; the New York State Department of Taxation and Finance Criminal Investigations Division, under the direction of Upstate Chief of Investigations Pat Simet; the New York State Department of Financial Services Criminal Investigations Unit, under the direction of Director Frank Orlando; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
Dunkirk Man Pleads Guilty to Selling CocaineRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Fred Santiago, 30, of Dunkirk, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiracy to possess with intent to distribute, and distribution of, five kilograms or more of cocaine. The charge carries a mandatory minimum sentence of 10 years in prison, a maximum of life and a $10,000,000 fine.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that between July 2016 and May 2, 2017, the defendant conspired with co-defendant Michael Pacheco to distribute kilogram quantities of cocaine in and around the Western District of New York. Santiago obtained the cocaine from a source of supply in New York City for sale and distribution to others.
On May 2, 2017, a state search warrant was executed at the defendant’s residence on Lincoln Avenue in Dunkirk. Approximately 640 grams of cocaine was seized from a safe, and approximately 39 grams of marijuana was seized from the kitchen counter. In addition, law enforcement officers seized four drug scales, $44,000 in cash, $2,000 in money orders, a heat sealer, plastic bags, and a metal kilo drug press.
Charges are pending against co-defendant Michael Pacheco. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the culmination of an investigation by the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff Timothy Whitcomb; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Evans Police Department, under the direction of Chief Douglas Czora; the Dunkirk Police Department, under the direction of Chief David Ortolano; and the Chautauqua County Drug Task Force, under the direction of Sheriff Joseph Gerace.
Sentencing is scheduled for September 20, 2018, before Judge Geraci.
California Man Pleads Guilty to Pornography ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Loren Glen Warner, 28, of Fresno, CA, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to production of child pornography. The charges carry a mandatory minimum penalty of 15 years, a maximum of 30 years and a $250,000 fine.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that in early January, 2017, the defendant met the 14 year-old victim at her family’s church in Cattaraugus County, NY, and the two began communicating via Facebook and Snapchat. During those communications, Warner, who knew the victim was 14 years-old, began making sexual references and statements, and sent sexually explicit images of himself to the victim. The defendant also asked for and received nude photographs of the victim.
Warner also met a 13 year-old victim at a church in Fresno, California. Over several years, the defendant requested and received child pornography images and videos from that victim as well.
In March 2017, the defendant pleaded guilty to Rape in the Second Degree, and Endangering the Welfare of a Minor in Cattaraugus County Court and was sentenced to seven years in prison.
The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the New York State Police, under the direction of Major Edward Kennedy; and the Cattaraugus County District Attorney’s Office, under the direction of Lori Rieman.
Sentencing is scheduled for October 25, 2018, at 12:00 p.m. before Judge Wolford.
Buffalo Man Sentenced on Gun and Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Quashawn Lawrence, 24, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute 100 grams or more heroin, and possession of a defaced firearm, was sentenced to 41 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that on October 20, 2015, co-defendant Jay Neal sold a quantity of heroin to a confidential source working with the Drug Enforcement Administration. The following day, on October 21, 2015, Neal once again agreed to sell a quantity of heroin. Neal drove to the vicinity of Dodge Street and Michigan Avenue where a man later identified as defendant Lawrence exited a residence with a tan back pack and entered Neal’s vehicle. Neal drove to a residence at 87 Mariner Street in Buffalo. About an hour later, Neal and Lawrence were arrested by police. At the time of his arrest, Neal was armed with a 9mm handgun and had $10,000 in cash. A search warrant executed inside 87 Mariner recovered a gun with the serial number defaced inside Lawrence’s tan back pack, another gun, ammunition and 10 grams of heroin inside a dresser drawer, and multiple scales.
Neal was previously convicted and is awaiting sentencing.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard.
Buffalo Man Sentenced for His Role in A Drug Trafficking Ring Linked to A Mexican Drug CartelRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Pethrod Dunnigan, 40, of Buffalo, NY, who was convicted of conspiracy to distribute five kilograms or more or cocaine, and money laundering conspiracy, was sentenced to serve 156 months in federal prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that between 2012 and March, 2016, the defendant conspired with Jose Manuel Lua-Guizar, Gerardo Ballardo, Enrique Munoz, Max Riestra, and others, to distribute cocaine and hide the proceeds from the illegal drug sales.
Co-defendants Ballardo and Lua-Guizar received shipments from California and then sold the cocaine to Dunnigan and others. The defendant paid $35,000 for each kilogram of cocaine received and then took the kilograms of cocaine to an apartment building on Delaware Avenue and store them in an abandoned apartment.
Most of the drug proceeds were sent back to California by structured deposits made under the $10,000 reporting requirement at Bank of America branches. Dunnigan made multiple structured deposits at different Bank of America branches. The defendant and his co-conspirators accounted for over $1,000,000.00 in structured deposits in Buffalo. A ledger for structured deposits was recovered from a stash house in California. In that stash house, law enforcement officers also recovered shipping materials, 21 kilograms of cocaine, and three kilograms of heroin. On at least one occasion, the defendant shipped about $500,000 in U.S. currency to California by hiding the cash in a small refrigerator within a crate.
A total of seven defendants have been indicted in this sophisticated drug trafficking organization with ties to a Mexican drug cartel operating out of the Los Angeles, California area. The organization shipped drugs to various states including New York, New Jersey, Illinois, Colorado, and Ohio. To date, four defendants have been convicted. Charges are pending against the remaining defendants. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The sentencing is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; Immigration and Custom Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; and the Internal Revenue Service, Criminal Investigations Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office. Additional assistance was provided by ICE-HSI in Los Angeles, California.
Buffalo Man Pleads Guilty to Selling Thousands of Bags of HeroinRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Emmanuel Lopez, 27, of Buffalo, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to possession with intent to distribute, and distribution of, 100 grams or more of heroin. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine
Assistant U.S. Attorney Timothy C. Lynch, who is handling the case, stated that between 2016 and December 5, 2017, the defendant sold heroin and fentanyl in the Buffalo area. In October, 2017, the ICE-HSI Border Enforcement Security Team (BEST) conducted two controlled purchases from Lopez. During the buys, the defendant turned over 52 small yellow bags which later tested positive for heroin, fentanyl, and tramadol.
At other times in October and November 2017, HSI agents observed Lopez engage in hand-to-hand transactions with suspected heroin customers. On at least one occasion, one of the customers was stopped by law enforcement and found to be in possession of suspected heroin. During a subsequent interview, the customer admitted to buying heroin from the defendant and the customer’s phone contained the defendant’s cell phone number.
Lopez was arrested on December 5, 2017. HSI agents then executed a federal search warrant at the defendant’s residence on Riverside Avenue in Buffalo. At the time of Lopez’s arrest, agents found $2,556 in cash in the pocket of the defendant’s sweatshirt, and his cellular telephone.
A subsequent search of the defendant’s cellular telephone established that during the latter part of 2017, Lopez sold approximately 6,022 bags of heroin.
The plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, Border Enforcement Security Team, under the direction of Special Agent-in-Charge Kevin Kelly.
Sentencing is scheduled for September 25, 2018 at 4:00 p.m. before Judge Wolford.
Buffalo Man Pleads Guilty to Interfering with A Federal OfficerRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kevin Allen, Jr, 29, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to forcible interference with a federal officer with a dangerous weapon. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that on November 1, 2016, the defendant, a fugitive, was driving a vehicle on Kilhoffer Street in Buffalo when two United States Deputy Marshals attempted to pull the vehicle over. Rather than comply, Allen rammed into the two vehicles being driven by the Deputy Marshals. The Marshals were not injured but the vehicles sustained extensive damage.
The plea is the result of an investigation by the U.S. Marshals Service, under the direction of Marshal Charles Salina.
Sentencing is scheduled for September 12, 2018 at 12:30 p.m. before Judge Arcara.
Orchard Park Man Pleads Guilty to Assaulting A Woman During A United Airlines FlightRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael Hildebrand, 50, of Orchard Park, NY, pleaded guilty before U.S. Magistrate Judge Michael J. Roemer to assault within the special aircraft jurisdiction of the United States. The charge carries a maximum penalty of six months in jail and a fine of $5,000.
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that on December 20, 2017, the defendant was a passenger on a United Airlines flight from Newark, NJ to Buffalo, NY. During the flight, Hildebrand assaulted a woman by grabbing the victim’s groin area without consent.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast.
Sentencing is scheduled for September 7, 2018, at 11:00 a.m. before Judge Roemer.
Jury Convicts Rochester Man of A Operating Drug Trafficking OrganizationRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that following a seven-week trial, a federal jury has convicted Colin B. Montague, 63, of Greece, NY, of operating a continuing criminal enterprise, drug conspiracy, money laundering conspiracy and money laundering. The charges carry a minimum penalty of life in prison and a maximum fine of $20,000,000.
Assistant U.S. Attorneys Robert A. Marangola and Brett A. Harvey, who handled the prosecution of the case, stated that the defendant was the head of a national cocaine trafficking organization involving individuals in Rochester, NY; Arizona; California; and Nevada. Through the organization, Montague was responsible for arranging the transportation of several hundred kilograms of cocaine from the western United States to the Rochester area between 2008 and June 2014. The organization used various methods for transporting the cocaine, including tractor-trailers, drug couriers, and the U.S mail. After receiving the shipments, the defendant and other members of the organization would distribute the cocaine to other upper-level and mid-level drug traffickers in the Rochester area.
The organization was uncovered by the Drug Enforcement Administration and Rochester Police Department after a wiretap investigation that culminated in the seizure of a six-kilogram shipment of cocaine from a courier as the drugs were being transported from Pennsylvania to Rochester. After seizure of the drug shipment, Montague fled to Atlanta, Georgia, where he lived under a false identity for six months until he was captured by the United States Marshals Service.
The defendant also owned and operated Montague Enterprise, Inc., a real estate business in Rochester. During the conspiracy, Montague laundered more than $2,350,000 in drug proceeds through bank accounts associated with the real estate business. Also, the defendant purchased six properties in the Rochester area using drug proceeds.
A total of 20 other members of the drug trafficking organization were convicted of drug trafficking and/or money laundering offenses.
The trial verdict is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Rochester Police Department, under the direction of Chief Michael Ciminelli; the Internal Revenue Service, under the direction of James D. Robnett, Special Agent in Charge, New York Field Office; and the United States Marshals Service, under the direction of Marshal Charles Salina.
Sentencing is scheduled for September 18, 2018, at 3:00 p.m. before Chief United States District Judge Frank P. Geraci, Jr., who presided over the trial of the case.
Founder of Not-For-Profit Organization Convicted of Stealing United Nations Grant Funds SentencedRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Deborah Bowers, 63, of Clarence, NY, who was convicted following a jury trial of conspiracy to commit wire fraud, wire fraud and making false statements, was sentenced to time served by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorneys Marie P. Grisanti and MaryEllen Kresse, who prosecuted the case, stated that Bowers, and co-defendant Steve S. Jabar, founded a not-for-profit organization OKI, Opportunities for Kids International, Inc. In June 2004, Jabar and Bowers, through OKI, applied for and received a $500,000 grant from United Nations to create, maintain, and operate a radio station in Iraq. The mission of the radio station was to further women’s rights issues in Iraq.
Within 24 hours of receiving a portion of the grant money, the defendants began to divert some of the funding for their own personal use. Jabar and Bowers diverted more than $65,000 for their own personal use. Jabar used some of the funding to pay off personal debts, including the payment of property taxes owed on his residence and business, as well as mortgage, utility, credit card payments and personal loan payments. Bowers also utilized some of the funding to pay personal credit card debt and make mortgage payments.
During the investigation, the defendants made false statement to investigator with the Internal Revenue Service in order to conceal with criminal behavior.
The sentencing is the result of an investigation by the Internal Revenue Service, Criminal Investigations, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
On 500th Day of Trump Administration, Attorney General Sessions Announces 311 New Assistant United States Attorney PositionsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051Largest Increase in AUSAs in Decades Allocates Four New Prosecutors to the Western District of New York to Focus on Violent Crime, Civil Enforcement, and Immigration Crimes
BUFFALO, NY – On the 500th day of the Trump Administration, Attorney General Jeff Sessions and U.S. Attorney James P. Kennedy, Jr. announced today that the Department of Justice is taking a dramatic step to increase resources to combat violent crime, enforce our immigration laws, and help roll back the devastating opioid crisis.
In the largest increase in decades, the Department of Justice is allocating 311 new Assistant United States Attorneys to assist in priority areas. Those allocations are as follows: 190 violent crime prosecutors, 86 civil enforcement prosecutors, and 35 additional immigration prosecutors. Many of the civil enforcement AUSA’s will support the newly created Prescription Interdiction & Litigation Task Force which targets the opioid crisis at every level of the distribution system.
"Under President Trump's strong leadership, the Department of Justice is going on offense against violent crime, illegal immigration, and the opioid crisis—and today we are sending in reinforcements," said Attorney General Jeff Sessions. "We have a saying in my office that a new federal prosecutor is 'the coin of the realm.' When we can eliminate wasteful spending, one of my first questions to my staff is if we can deploy more prosecutors to where they are needed. I have personally worked to re-purpose existing funds to support this critical mission, and as a former federal prosecutor myself, my expectations could not be higher. These exceptional and talented prosecutors are key leaders in our crime fighting partnership. This addition of new Assistant U.S. Attorney positions represents the largest increase in decades."
In the Western District of New York, two of these AUSAs will focus on violent crime, one on civil enforcement, and one on prosecuting immigration crimes. The United States Attorney for the Western District of New York issued the following statement:
“I am grateful to the Attorney General for the additional manpower which will allow the men and women in our Buffalo and Rochester offices to continue and to build upon the tremendous work they do day in and day out. The allocation of these positions to our Office is tangible evidence of the fact that the Administration recognizes that our Office is providing taxpayers a phenomenal return on their investment.
The Assistant United States Attorneys (AUSAs) working in our Narcotics and Violent Crimes Section have worked tirelessly to remove violent criminals, along with the guns and the drugs they often possess, from the streets of our communities. Over the last decade, we have prosecuted 14 violent streets gangs in Buffalo and Rochester whose members sought to destroy the quality of life for residents. In particular, the successful prosecution of the 7th and 10th Street Gangs, which vastly improved the quality of life for residents living on Buffalo’s West Side, is an example of those efforts. The addition of two more prosecutors to focus on violent crime will allow our office to continue these actions until we rid our communities completely of the scourge of violent gang activity.
We have recently started a new Strategic Operations and Prosecution (STOP) Section, which will work to rid our community of the worst-of-the-worst in terms of violent offenders. Study after study shows that the majority of the violence in any given community is committed by a small handful of violent criminals. By targeting those individuals—the Alpha criminals if you will—we expect to be able to further to drive down violence in our communities.
Moreover, our office has been on the front lines for more than five years prosecuting illegal opiate dealers at all levels. From the common street dealer to the medical professional prescribing outside the course of accepted practice, these defendants are putting drugs into the hands of our struggling loved ones and we have sadly lost too many lives. While prosecution is but one of several prongs of the opiate reduction strategy which we have adopted, with treatment and prevention being the others, we have been both aggressive and progressive handling these cases. While much of the credit belongs to many in the community who have done an exemplary job responding to the opiate crisis, the fact that in 2017 the number of deaths resulting from drug overdoses in Erie County declined for the first time in 5 years is proof positive that our collective efforts are working. The addition of a Civil Enforcement AUSA—to a unit which each year has recoveries which far exceed our Office’s annual operating budget—will provide just one more tool with which to fight this deadly epidemic and to hammer home the point that crime doesn’t pay.
In addition to focusing on violent crime and the deadly opioid epidemic, our office will continue efforts to secure the international borders located in the Western District of New York. The addition of an AUSA to focus on immigration issues will help to ensure that those who seek to enter our country illegally are apprehended and prosecuted. In so doing, we will be enforcing the rule of law and reinforcing the notion that in a just society people must follow the law.”
North Tonawanda Pharmacist Arrested, Charged with Prescription FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Patrick R. McQuade, 29, of North Tonawanda, NY, was arrested and charged by criminal complaint with possession of a controlled substance by fraud. The charge carries a maximum penalty of four years in prison and a $250,000 fine.
Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that according to the complaint, the defendant is a New York State licensed pharmacist currently employed as a Clinical Staff Pharmacist at Niagara Falls Memorial Medical Center. McQuade was previously employed by the Rite Aid Corporation from January 2015 until his firing in December 2017. The defendant was fired after an internal investigation discovered that McQuade created fictitious patient accounts which enabled him to create fraudulent prescriptions using Rite Aid’s inventory system. After creating a fraudulent prescription, the defendant then dispensed and diverted the controlled substances for personal use.
The complaint states that McQuade created 20 fictitious patient profiles and 47 fraudulent prescriptions to dispense a total of 1,874 dosage units of Alprazolam, Phentermine, Cialis, and Synjardy of varying strengths. Internal investigators verified that none of the doctors listed on the prescriptions had prescribed the medications to the fictitious patients.
McQuade made an initial appearance today before U.S Magistrate Judge H. Kenneth Schroder and was released on conditions. One of those conditions prevents the defendant from continuing to dispense controlled substances.
The complaint is the result of an investigation by the New York State Police, under the direction of Major Edward Kennedy, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Two Plead Guilty in Connection with A Smuggling Attempt at the Peace BridgeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Viktoria Tanasiv, 21, of Canada, and Yevhen Lysak, 23, of Pittsburgh, Pennsylvania, pleaded guilty to neglecting to assist a customs officer before U.S. Magistrate Judge Michael J Roemer. Tanasiv was fined and released to immigration authorities, while Lysak was fined and released.
Assistant U.S. Attorney Stephanie O. Lamarque, who handled the case, stated that on June 1, 2018, at approximately 1:45 a.m., a vehicle, registered in the State of Pennsylvania and driven by Yevhen Lysak, arrived at the Peace Bridge Port of Entry seeking to enter the United States. Lysak stated that he was returning to his residence in Pennsylvania after visiting his girlfriend, a resident of Canada. During primary inspection, a Customs and Border Protection Officer conducted an inspection of the vehicle’s trunk in order to verify Lysak’s oral declaration. During the search, the officer discovered Viktoria Tanasiv in the trunk of the car.
The defendants were taken to secondary examination. Tanasiv was subsequently identified as a citizen of Ukraine, but a permanent resident of Canada. Lysak told officers that he and Tanasiv are in a personal relationship and that Tanasiv voluntarily got into the trunk of his vehicle so that she could spend the weekend with him in Pennsylvania. Tanasiv also told officers that she consensually entered into the trunk of Lysak’s vehicle so that she could spend the weekend with him.
The case is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Syracuse Man Sentenced for Threatening Death Against A New York Congressman and His FamilyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – United States Attorney James P. Kennedy, Jr. announced today that Patrick D. Angelo, 28, of Syracuse, NY, who was convicted of interstate communication of a threat, was sentenced to time served (seven months in prison) and three years’ supervised release by the Honorable Mae A. D’Agostino, United States District Judge for the Northern District of New York. The defendant was also ordered to have no direct contact with Congressman John Katko.
The conviction is the result of a threat defendant made to New York Congressman John Katko on October 19, 2017. On that date, defendant called the Washington D.C. office of Congressman Katko and left a threatening voice mail that included a death threat to the Congressman and his family. Congressman Katko’s office reported the voicemail to the United States Capitol Police, Threat Assessment Section, which began an investigation in coordination with the Federal Bureau of Investigation. The telephone number that the call originated from traced back to the defendant.
As a result of the threat, security surrounding Congressman Katko was increased. Since Congressman Katko formerly served as Assistant U.S. Attorney in the Northern District of New York, that Office was recused, and the case was prosecuted by the United States Attorney’s Office for the Western District of New York. Assistant U.S. Attorneys Craig R. Gestring and Sean C. Eldridge of the United States Attorney’s Office for the Western District of New York, in Rochester, handled the case.
In sentencing the defendant, Judge D’Agostino characterized the defendant’s conduct as “beyond reprehensible” and indicated that the threat made against the Congressman represented “an assault on government.”
“By threatening to harm Congressman Katko and his family, defendant crossed the line,” noted U.S. Attorney Kennedy. “While the First Amendment protects a broad range of speech and expression, it is not without limits. Hopefully, this prosecution will clearly convey the message that true threats against those in public office are not protected speech and will not be tolerated.”
Today’s sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Vadim Thomas, Special Agent-in-Charge, Albany Office; the New York State Police, under the Major Philip T. Rougeux; and the United States Capitol Police, under the direction of Matthew R. Verderosa.
St. Kitts Man Arrested, Charged with Illegally Re-Entering the United StatesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Andrew Adolphus Hodge, 68, of St. Kitts, was arrested and charged by criminal complaint with making a false official statement and unlawful re-entry into the United States following a conviction for an aggravated felony. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that according to the criminal complaint, on May 29, 2018, at approximately 9:00 p.m., at the Peace Bridge port of entry, a Customs and Border Protection officer conducted a primary inspection of the defendant, who was a passenger on a commercial Greyhound Bus. Hodge presented a United Kingdom Passport and stated that he traveling to Brooklyn, New York to visit family. A primary name query resulted in a positive response indicating that he had been previously deported from the United States as an aggravated felon.
The defendant indicated to the officer that he had never lived in the United States and had never been arrested. Hodge was referred to secondary for further inspection. Subsequent investigation determined that the defendant had been ordered removed by an Immigration Judge on April 28, 2015, after being convicted of Grand Theft in Los Angeles, California in October 1993, and Forgery over $60,000, in Shelby County, Tennessee in October 2009. Hodge was removed from the United States and deported to Saint Kitts in April 2016.
The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and is being held pending a detention hearing on June 8, 2018.
The criminal complaint is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Seventy-Seven Year Old Canadian Man Arrested, Charged with Possession and Importation of MarijuanaRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Nerio Frank Fogazzi, 77, of Canada, was arrested and charged by criminal complaint with possessing with intent to distribute and distributing marijuana, and importing marijuana from Canada into the United States. The charges carry a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Emmanuel O. Ulubiyo, who is handling the case, stated that according to the complaint, on May 21, 2018, at approximately 10:00 p.m., the defendant attempted to enter the United States from Canada at the Peace Bridge port of entry. During primary inspection, Fogazzi, a Canadian Citizen, told the primary Customs and Border Protection Officer that he was coming to the United States to go shopping but could not provide the Officer with an intended shopping destination.
When asked if he was bringing anything into the United States and if he had anything to declare, the defendant said he did not. The officer then asked Fogazzi to unlock the trunk of his vehicle for inspection. The officer opened the trunk and observed an empty black hockey bag laying on top of two other black hockey bags that appeared full. The officer also detected the odor of marijuana emanating from the trunk. The officer then unzipped one of the full hockey bags and observed suspected marijuana inside clear vacuum sealed plastic bags. The defendant was escorted to the security office. Fogazzi’s vehicle was also taken to the secondary area for further inspection during which officers discovered additional suspected marijuana in a second hockey bag as well as in the spare-tire cavity under the hockey bags in the trunk. A total of 96 packages of suspected marijuana, weighing a total of over 104 lbs., were seized.
“Although 77-year-old Canadians who come to the United States to play hockey will be welcomed—and likely even celebrated—here,” stated U.S. Attorney Kennedy, “septuagenarians who use hockey bags to smuggle marijuana into our country will not be given the same reception. Instead, they will be prosecuted to the fullest extent of the law.”
“This is an excellent seizure that demonstrates our officers dedication to enforcing the CBP mission and protecting the public from illegal narcotics,” said Acting Port Director Cary Frieling. “Their vigilance and our excellent working relationship with our partners at Homeland Security Investigations and the U.S. Attorney’s Office prevented these narcotics from entering our country and ensured that the violator will face justice.”
“HSI will continue working with our partners at CBP to ensure that those engaged in smuggling large quantities of illegal drugs into the United States are brought to justice,” said Kevin Kelly, Special Agent-in-Charge of HSI Buffalo. “HSI has the capability to leverage significant seizures into wider investigations that attack every level of a drug smuggling organization, both foreign and domestic.”
The defendant made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroeder and was released on conditions.
The complaint is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Native of Mexico Pleads Guilty to Illegally Re-Entering the United StatesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Juan Felix Andres, 20, of Mexico, pleaded guilty to illegal reentry after deportation following conviction of an aggravated felony before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that on April 16, 2016, the defendant was convicted in Texas of aiding and abetting the transportation of illegal aliens for financial gain, an aggravated felony. Following that conviction, Andres was ordered removed to Mexico from the United States.
On February 27, 2018, while an order of removal was still in effect, the defendant was found in the United States at the Lewiston Bridge Port of Entry in Lewiston, NY. An automated scan of the defendant’s fingerprints were obtained for comparison and matched the fingerprints on file with the FBI and confirmed that Andres was the same person who was convicted in Texas. The defendant did not obtain the consent of the Attorney General of the United States or his successor, the Secretary for Homeland Security, to re-enter the United States.
Today’s plea is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.
Sentencing is scheduled for September 7, 2018, at 12:30 p.m. before Judge Richard J. Arcara.
Native of Mexico Charged with Illegally Re-Entering the United States and Possessing Counterfeit DocumentsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Everardo Donoteo-Reyes, a/k/a, Alberto Ebarado Gutierrez-Reyes, 26, of Mexico, was charged by criminal complaint with possession of a counterfeit social security card and alien registration card, and illegal re-entry after deportation. The charges each carry a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that according to the complaint, in September 2016, Immigration and Customs Enforcement, Enforcement and Removal Operations (ERO), administratively arrested the defendant in Gretna, Louisiana and in October 2016, he was ordered removed from the United States. Upon his departure, Donoteo-Reyes was advised that he could not re-enter the United States without the permission of the United States Attorney General, or his Successor, the Secretary of Homeland Security.
On March 01, 2017, United States Border Patrol the defendant in the United States and administratively arrested him in Laredo, Texas. On March 03, 2017, Donoteo-Reyes pleaded guilty to unlawfully entering the United States and was sentenced to 15 days confinement. On March 15, 2017, the defendant was physically removed from the United States to Mexico. Donoteo-Reyes was once again advised that he could not re-enter the United States without permission.
On May 24, 2018, the defendant was arrested by the Wayne County Sheriff’s Office on New York State criminal charges. The sheriff’s office sent Donoteo-Reyes’s fingerprints to Immigration and Customs Enforcement (ICE). An immigration records check determined that the defendant has no valid immigration status and is again illegally present in the United States.
During the course of a missing person investigation, the Wayne County Sheriff's Office located fraudulent documents belonging Donoteo-Reyes, including a counterfeit alien registration card in the name "Alberto Gutierrez" and a photograph of the defendant. Donoteo-Reyes was also found to be in possession of a fraudulent social security card. According to the Department of Homeland Security, no such social security number exists.
The defendant will make an initial appearance on June 4, 2018, at 3:00 p.m. before U.S. District Judge Jonathan W. Feldman.
The complaint is the result of an investigation by agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Federal Jury Convicts Bailey Boys Gang Leader of Drug ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal jury has convicted Kenneth Pettway, Jr., 34, of Buffalo, NY, of conspiracy to possess with intent to distribute, and to distribute, 280 grams or more of crack cocaine, and possession with intent to distribute heroin and cocaine, possession of a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm. The charges carry a mandatory minimum penalty of 40 years in prison, a maximum of life and a fine of $5,000,000.
Assistant U.S. Attorneys Michael P. Felicetta and Seth T. Molisani, who handled the prosecution of the case, stated that the defendant was a leader of the Bailey Boys Gang, a violent criminal gang which operates in an area of the City of Buffalo bounded by Winspear Avenue, the Kensington Expressway, Eggert Road and Main Street. The gang is believed to be responsible for multiple acts of violence, including assaults, shootings, murders, and armed robberies.
As a leader of the Bailey Boys Gang, the defendant supplied illegal narcotics, including crack cocaine, heroin and marijuana, to members and associates of the gang for further distribution in the City of Buffalo. Pettway also provided multiple firearms to members and associates to be used for protection of gang territory, drugs and drug proceeds.
The evidence presented by the government during trial included a rap video entitled “Picked up in a Raid,” which the defendant created and posted to his You Tube account. The video, which purports to be based on a true story, contains images and lyrics related to the defendant’s drug distribution, the silencing of snitches, and the execution of a search warrant by law enforcement officers.
On January 18, 2012, a search warrant was executed at the residence of Demetrius Black residence on Roosevelt Avenue. Officers seized two firearms, heroin, cocaine, marijuana, scales, baggies, and other drug paraphernalia.
Pettway is one of 15 Bailey Boys Gang leaders, members, and associates charged in this case. To date, 14 have been convicted.
“Kenneth Pettway, Jr. was a leader of a neighborhood street gang whose members and associates engaged in narcotics trafficking, robberies, and acts of violence,” stated United States Attorney Kennedy. “Let there be no mistake, my Office, together with our partners in federal, state, and local law enforcement, are making headway in our ongoing effort to wipe out these gangs and the drugs and gun violence which constitute their stock-in-trade. Sooner or later, the young men joining these violent, drug-dealing neighborhood gangs need to realize that it is a big world out there, that they are the captains of their own destiny, and that the only place allegiance to these gangs and their leaders, such as Kenneth Pettway, will take them is to an early grave or to federal prison.”
Today’s verdict is the result of an ongoing investigation into the activities of the Bailey Boys Gang and other criminal gangs that is being conducted by the United States Attorney’s office in close cooperation with the Erie County District Attorney’s Office, under the direction of District Attorney John J. Flynn; and in conjunction with the Buffalo Police Department, under the direction of Police Commissioner Byron Lockwood; the Federal Bureau of Investigation Safe Streets Task Force, under the Direction of Special Agent-in-Charge Gary Loeffert; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.
Sentencing is scheduled for September 5, 2018, at 11:00 a.m. before U.S. District Judge Thomas J. McAvoy who presided over the trial.
Canadian Woman Sentenced for Smuggling Thousands of Dollars at the Peace BridgeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Liliya Dzyuba, 42, a Ukraine National and citizen of Canada, who was convicted of bulk cash smuggling, was sentenced to time served by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney, Aaron J. Mango, who handled the case, stated that on January 25, 2018, the defendant attempted to enter the United States from Canada at the Peace Bridge Port of Entry. During her primary inspection, Dzyuba stated that she was traveling with $5,000 in U.S. Currency. The defendant signed the CBP Customs Declaration Form indicating that she was not carrying over $10,000. During a secondary inspection, CBP Officers told Dzyuba that she was going to be patted down and was asked again if she had any additional money on her. The defendant then admitted that she was carrying $35,000.00 around her waist and hidden in her pants. Dzyuba was searched and officers recovered four black zipper pouches concealed around her waist, which contained a total of $37,000. In addition, $5,373 was found in the defendant’s wallet, for a total amount of $42,373.
The sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations under the direction of Special Agent-in-Charge Kevin Kelly, and Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.
Buffalo Man Sentenced for Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Michael V. Secchiaroli, 32, of Buffalo, NY, who was convicted of possession of child pornography involving a prepubescent minor, was sentenced to 72 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that on March 29, 2016, the defendant possessed images of child pornography which were obtained over the internet and stored on a laptop computer. On December 28, 2015, a Special Agent with the FBI, acting in an undercover capacity, logged onto a peer-to-peer file-sharing program and downloaded seven images of child pornography from an individual sharing those images from particular IP address. Further investigation revealed that the IP address was associated with the Secchiaroli’s residence. The defendant admitted that he had been using publicly available peer-to-peer software to download, possess, and view child pornography. Secchiaroli’s electronic devices were found to contain 31 images of child pornography, some of which depicted pre-pubescent children and violence.
The sentencing is the result of an investigation by agents of the Federal Bureau of Investigation, at the direction of Gary Loeffert, Special Agent-in-Charge.
Buffalo Man Pleads Guilty to Child Pornography ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Joshua Zak, 40, of Buffalo NY, pleaded guilty to receipt of child pornography, before U.S. District Judge Lawrence J. Vilardo. The charge carries a mandatory minimum penalty of five year in prison, a maximum of 20 years, and a $250,000 fine.
Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that in September 2015, Federal Agents searched Zak’s residence after determining he had accessed a website dedicated to the exploitation of children. Agents seized various electronics, and a forensic examination revealed that Zak was in possession of images and videos of child pornography.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary A. Loeffert
Sentencing is scheduled for September 7, 2018, at 11:00 a.m. before Judge Vilardo.
Amherst Man Pleads Guilty to Bank TheftRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Steven Blumhagen, 67, of Amherst, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny to bank theft. The charge carries a maximum penalty of one year in prison. The defendant must also pay restitution totaling $1,275,500 to 19 victims.
Assistant U.S. Attorney MaryEllen Kresse and Elizabeth Moellering, who are handling the case, stated that on June 13, 2003, the defendant stole money from JP Morgan Chase Bank. Blumhagen caused an individual identified as R.K. to wire transfer $1,000 to an account controlled by the defendant at JP Morgan Chase. Blumhagen falsely represented to R.K. that the funds would be used to pay “advance fees” in connection with a purported bond offering that would allegedly generate large sums of money for R.K. and others. Subsequently, the defendant withdrew the funds from the JP Morgan Chase account, and used them to pay personal expenses rather than to pay fees associated with the alleged bond offering.
In 2006, the defendant was convicted of conspiracy to commit mail fraud and sentenced to serve 57 months in federal prison, for his role in defrauding investors in Tee-to-Green Golf Parks, Inc. (Tee-to-Green), out of approximately $2,500,000. Blumhagen was the president of Tee to Green from 1993 through 2000. As president, he controlled the day to day operations and was intimately involved in the sale of Tee-to-Green promissory notes. Tee-to-Green marketed those notes to numerous investors falsely representing that the notes were bonded and insured, when in fact they were not.
The conduct which is the subject of the bank theft plea occurred after Blumhagen’s fraud relating to the Tee-to-Green promissory notes.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
Sentencing is scheduled for September 12, 2018, before Judge Skretny.
Former Niagara Falls Police Officer, Co-Defendant Sentenced for Their Roles in Drug ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that former Niagara Falls, NY, Police Officer Stephanie A. Costanzo, 29, who was convicted of managing a drug involved premises, was sentenced to time served and three years supervised release by U.S. District Judge Richard J. Arcara. In addition, co-defendant Lindsay Carrier, who was convicted of conspiracy to possess with intent to distribute, and to distribute, 28 grams or more of crack cocaine, was sentenced to serve 70 months in federal prison.
Assistant U.S. Attorney Joel Violanti, who handled the case, stated that between July 28, 2016, and November 8, 2016, co-defendant Raymond Hopson made several sales of crack cocaine to an undercover (UC) officer posing as a drug customer. During that time, Hopson was living with Stephanie Costanzo, at her residence on Grand Avenue in Niagara Falls. Hopson would store some of his cocaine, along with paraphernalia used to weigh and distribute the cocaine, at the residence.
On November 9, 2016, Special Agents from the Drug Enforcement Administration (DEA), along with the Niagara Falls Police Department executed a search warrant at Costanzo’s residence. Agents and officers recovered approximately 5.6 grams of cocaine, a digital scale used for weighing and distributing the cocaine, and drug paraphernalia used to package and distribute the cocaine. Although she did not participate in the distribution of the controlled substances, Costanzo was aware that Hopson stored his cocaine and paraphernalia at her residence.
Lindsay Carrier conspired with Raymond Hopson to distribute crack cocaine. On five occasions between July 28, 2016, and November 8, 2016, Hopson obtained crack cocaine from Carrier and then sold it to an undercover officer. A search warrant executed at the Willow Avenue residence of Carrier’s mother, resulted in the seizure of quantities of cocaine and crack cocaine.
Raymond Hopson was previously convicted and will be sentenced at a later date.
“When a person turns a blind eye to criminal conduct, they become complicit in it,” stated U.S. Attorney Kennedy. “Today’s sentencings make clear that in our community there will be no refuge granted to drug dealers or to those who assist drug dealers.”
The sentencings are the result of an investigation by the Niagara Falls Police Department, under the direction of Superintendent Bryan Dalporto, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.Buffalo Woman Sentenced for Cocaine DistributionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Elisa Rivera Ortiz, 36, of Buffalo, NY, who was convicted attempted possession of cocaine with intent to distribute, was sentenced to serve 46 months in federal prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that on April 8, 2017, United States Postal Inspectors intercepted a package during a routine inspection of incoming parcels that contained cocaine. The package was addressed to the defendant. On June 29, 2017, the Postal Inspectors seized a second package, which was also addressed to the defendant, and found cocaine.
On July 6, 2017, a controlled delivery of a package containing sham cocaine and a monitoring device was conducted at the defendant’s Warren Avenue residence. Once the monitor alerted investigators that the package had been opened, they entered the residence and executed a search warrant. Ortiz attempted to run out the side door but was taken into custody. During the search, investigators located the package of sham cocaine, drug packaging materials, a digital scale with suspected cocaine residue, and a small bag of marijuana. Ortiz’s son and three other minor children were in the residence at the time.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and the U.S. Postal Inspection Service, under the direction of Boston Division Acting Inspector-in-Charge Delany E. De Leon-Colon.
Buffalo Man Sentenced on Gun and Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Terry Wilson, 39, of Buffalo, NY, who was convicted of possession with intent to distribute crack cocaine, and being a felon in possession of a firearm, was sentenced to serve 60 months in federal prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that on June 26, 2017, the defendant was pulled over by Buffalo Police Officers after he was observed driving at a high rate of speed on Bailey Avenue. During the traffic stop, the defendant was found in possession of a 9 mm semi-automatic pistol which was loaded with 11 rounds of ammunition. After stopping the vehicle, officers recognized Wilson from previous contacts with him and knew that he did not have a valid driver’s license. The officers patted the defendant down and recovered nearly four grams of crack cocaine from his pockets.
In July 2012, Wilson was convicted in Erie County Court of Criminal Possession of a Controlled Substance in the Fifth Degree. Previously, in June 2005, the defendant was convicted in Federal court of being a felon in possession of a firearm. As a result of these convictions, Wilson is legally prohibited from possessing a firearm.
The sentencing is the result of an investigation by Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.Buffalo Man Pleads Guilty to Selling HeroinRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Jose Ramos Escalera, 30, of Tonawanda, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to possession with intent to distribute heroin. The charge carries a maximum penalty of 30 years in prison and a $2,000,000 fine.
Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that between July 24, 2015, and September 26, 2017, the defendant sold heroin on seven separate occasions to individuals working with the Drug Enforcement Administration.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
Sentencing is scheduled for August 30, 2018 before Judge Geraci.
Buffalo Man Arrested, Charged with Selling FentanylRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Brennen Bryant, Jr., 25, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute butyryl fentanyl. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that according to the complaint, on September 26, 2017, Orchard Park Police detectives recovered a cellular telephone from a deceased individual believed to have died of an overdose. While examining the contents of the victim's phone, detectives discovered text messages between the victim and a telephone number linked to the defendant. Those text messages involved the purchase of heroin.Between November 1, 2017, and December 5, 2017, law enforcement officers conducted six undercover heroin purchases from Bryant.
The defendant made an initial appearance before U.S Magistrate Judge H. Kenneth Schroeder and is being detained.
The complaint is the result of an investigation by the Orchard Park Police Department, under the direction of Chief Mark Pacholec; the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major David Krause, and Lieutenant Kevin Reyes; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Amherst Doctor Pleads Guilty to Theft from Insurance CompaniesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Sreekrishna Cheruvu, 61, of East Amherst, NY, pleaded guilty, during trial, before Senior U.S. District Judge William M. Skretny to theft from a health care benefit program. The charge carries a maximum penalty of one year in prison and a $100,000 fine.
Assistant U.S. Attorneys Maura K. O’Donnell and Elizabeth R. Moellering, who are handling the case, stated that between January 2011 and May 2014, the defendant was a practicing physician in Amherst, NY who submitted claims to Independent Health (IHA), Univera, and Blue Cross and Blue Shield of Western New York (HealthNow) for medical services he purportedly rendered.
Cheruvu was also a participating provider with HealthNow. On August 7, 2012, the defendant submitted a claim form to HealthNow for reimbursement for services provided to patient “K.S.” On the form, Cheruvu claimed he provided services to “K.S.,” when, in fact, the defendant personally provided no services to the patient. As a result, HealthNow reimbursed the defendant $61.23 for the non-rendered service which the defendant converted to his own use.
Between January 2011 and May 2014, IHA, Univera, and HealthNow, lost approximately $196,615 as a result of Cheruvu’s conduct. As part of his plea, Cheruvu agreed to pay restitution in the amount of up to $550,000.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.Sentencing is scheduled for September 5, 2018, at 2:00 p.m. before Judge Skretny.
Rochester Man Sentenced for Drug and Gun PossessionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Thomas Lewis, 28, of Rochester, NY, who was convicted of possession of heroin with intent to distribute and possession of a firearm in furtherance of a drug trafficking crime, was sentenced to 87 months in prison by Senior U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that on October 27, 2016, Rochester Police Officers executed a search warrant at 1254 North Clinton Avenue, Apartment 2, in Rochester. During the search, officers recovered a bundle of heroin (containing 10 individually-packaged white envelopes), two bags of cocaine, and a Bersa Thunder .380 caliber handgun. The handgun was loaded with seven rounds in the magazine and one round in the chamber. Officers also recovered a box of .380 caliber ammunition, paraphernalia used to process heroin and cocaine for sale, and $349 in cash.
The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief Michael Ciminelli.
Buffalo Man Pleads Guilty to Selling HeroinRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Victor Felix Dejesus, 36, of Buffalo, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to possession with intent to distribute, and distribution of, heroin. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that on four separate occasions between November 10, 2016, and May 4, 2017, the defendant sold 20 to 30 grams of heroin to an individual working with the Drug Enforcement Administration.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and the New York State Attorney General’s Office, under the direction of Barbara Underwood.
Sentencing is scheduled for September 7, 2018, at 2:00 p.m. before Judge Vilardo.Buffalo Man Pleads Guilty for His Role in Cross Country Drug ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jabriel Crews, 34, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute, and distribution of, 500 grams or more of cocaine before U.S. District Judge David G. Larimer. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that between January 2014 and June 1, 2016, the defendant purchased multi-kilo quantities of cocaine from a source in Houston, Texas. Co-defendant Mark Ramos, an associate of the Houston source-of-supply, would mail the cocaine to addresses in Buffalo provided by Crews. The defendant would then receive those parcels and process and repackage the cocaine for distribution at 236 Katherine Street in Buffalo. In exchange, Crews would make payment to his source in Texas using some combination of a courier and U.S. mail parcels mailed to P.O. boxes set up in the Houston, Texas area.On June 1, 2016, a search warrant was executed at 236 Katherine Street. Law enforcement officers recovered a scale with powder residue, packaging materials including bags and a vacuum sealer, identification cards, and one live bullet.
Mark Ramos was previously convicted on federal charges and is awaiting sentencing. Charles Gonzalez was charged and convicted in state court.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.
Sentencing is scheduled for August 22, 2018, before Judge Larimer.Felon Arrested and Charged with Possessing A GunRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Titus Thompson, Jr., 33, of Buffalo, NY, was arrested and charged by criminal complaint with being a felon in possession of a firearm. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorneys Emmanuel O. Ulubiyo and Timothy C. Lynch, who are handling the case, stated that according to the complaint, on May 18, 2018, the Bureau of Alcohol, Tobacco and Firearms and Explosives and the Buffalo Police Department executed a search warrant at 89 Parkridge Avenue in Buffalo in the upper and lower apartments which are utilized by the defendant. During the search, agents recovered a .40 caliber pistol and a 9mm pistol in the upper apartment as well as several firearms in the lower apartment.Thompson has two previous felony convictions. As a result, the defendant is legally prohibited from possessing firearms.
This arrest is the result of an ongoing investigation into the trafficking of firearms from the State of Ohio to Buffalo.
The defendant made an initial appearance before U.S Magistrate Judge H. Kenneth Schroeder and is being detained.
The complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Four Defendants Indicted in Multi-Million Dollar Mortgage Fraud SchemeRead the Press Release
BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 62-count indictment charging Frank Giacobbe, 43, of East Amherst, NY; Patrick Ogiony, 34, of Buffalo, NY; Kevin Morgan, 42, of Pittsford, NY; and Todd Morgan, 29, of Rochester, NY, with conspiracy to commit wire fraud and bank fraud, and substantive wire fraud and bank fraud charges. The charges carry a maximum penalty of 30 years in prison and a $1,000,000 fine.
Assistant U.S. Attorneys John D. Fabian and Aaron J. Mango, who are handling the case, stated that according to the indictment, between March 2011 and June 2017, the defendants conspired to defraud financial institutions, such as Arbor Commercial Mortgage, LLC and Berkadia Commericial Mortgage, LLC, and government sponsored enterprises, including Federal Home Loan Mortgage Corporation (Freddie Mac), and the Federal National Mortgage Association (Fannie Mae). The indictment alleges that the defendants conspired to engage in a variety of conduct to induce mortgage lenders to issue loans for residential apartment complexes (1) for greater amounts than they would have issued had they known the truth; and (2) that the lenders would not have issued at the time of issuance had they known the truth.
The defendants are accused of:
• Conspiring to provide lending institutions with false rent rolls suggesting that properties had more occupied units, at higher rental rates, and generated more income than they, in fact, did;
• Conspiring to provide false information about other income received at the complexes. On one occasion, when one defendant asked another where storage space income figures came from, another defendant replied, “Magic;”
• Conspiring to provide lenders with fraudulently altered leases; and
• Conspiring to prevent inspectors touring the properties from discovering vacant units by, among other things, turning on radios inside vacant units, placing mats and shoes outside apartment doors, and, on at least one occasion, hiring someone to stage an apartment as lived in and pretend to be a tenant of an inspected unit.
The indictment alleges fraud at seven different properties, not all of which involved all charged defendants, but which resulted in total loans issued of $167,591,000. The properties are Morgan Ellicott Apartments and Amherst Garden, both in Buffalo, NY; Rugby Square in Syracuse, NY; Avon Commons, in Avon, NY; Rochester Village, Southpointe, and Eden Square, all in the Pittsburgh, PA area.
“The defendants are charged with fraudulently obtaining over $167.5 million worth of loans relating to seven residential apartment complexes located here in New York and in Pennsylvania,” noted U.S. Attorney Kennedy. “Most of those loans were in turn sold to Fannie Mae or Freddie Mac, entities which were created by Congress to perform and an important role in our country’s housing finance system. As a result of the fraudulent conduct alleged in this indictment, defendants’ conduct not only unjustly enriched them but threatened to undercut the very foundations upon which our mortgage banking and investment systems are based.”
“We must protect the tens of thousands of investors who own mortgage backed securities,” said Gary Loeffert, Special Agent-in-Charge of the Buffalo Division. “This investigation is focused on stopping people from undermining the residential and commercial financing industry. Fraud for profit aims to misuse the mortgage lending process to steal cash.”
Some of the defendants are scheduled to be arraigned on May 23, 2018, at 2:00 p.m. before U.S Magistrate Judge H. Kenneth Schroeder.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Federal Housing Finance Agency, Office of Inspector General, under the direction of Special Agent-in-Charge Mark P. Higgins.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.Four Defendants Indicted in Multi-Million Dollar Mortgage Fraud SchemeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a 62-count indictment charging Frank Giacobbe, 43, of East Amherst, NY; Patrick Ogiony, 34, of Buffalo, NY; Kevin Morgan, 42, of Pittsford, NY; and Todd Morgan, 29, of Rochester, NY, with conspiracy to commit wire fraud and bank fraud, and substantive wire fraud and bank fraud charges. The charges carry a maximum penalty of 30 years in prison and a $1,000,000 fine.
Assistant U.S. Attorneys John D. Fabian and Aaron J. Mango, who are handling the case, stated that according to the indictment, between March 2011 and June 2017, the defendants conspired to defraud financial institutions, such as Arbor Commercial Mortgage, LLC and Berkadia Commericial Mortgage, LLC, and government sponsored enterprises, including Federal Home Loan Mortgage Corporation (Freddie Mac), and the Federal National Mortgage Association (Fannie Mae). The indictment alleges that the defendants conspired to engage in a variety of conduct to induce mortgage lenders to issue loans for residential apartment complexes (1) for greater amounts than they would have issued had they known the truth; and (2) that the lenders would not have issued at the time of issuance had they known the truth.
The defendants are accused of:
• Conspiring to provide lending institutions with false rent rolls suggesting that properties had more occupied units, at higher rental rates, and generated more income than they, in fact, did;
• Conspiring to provide false information about other income received at the complexes. On one occasion, when one defendant asked another where storage space income figures came from, another defendant replied, “Magic;”
• Conspiring to provide lenders with fraudulently altered leases; and
• Conspiring to prevent inspectors touring the properties from discovering vacant units by, among other things, turning on radios inside vacant units, placing mats and shoes outside apartment doors, and, on at least one occasion, hiring someone to stage an apartment as lived in and pretend to be a tenant of an inspected unit.
The indictment alleges fraud at seven different properties, not all of which involved all charged defendants, but which resulted in total loans issued of $167,591,000. The properties are Morgan Ellicott Apartments and Amherst Garden, both in Buffalo, NY; Rugby Square in Syracuse, NY; Avon Commons, in Avon, NY; Rochester Village, Southpointe, and Eden Square, all in the Pittsburgh, PA area.“The defendants are charged with fraudulently obtaining over $167.5 million worth of loans relating to seven residential apartment complexes located here in New York and in Pennsylvania,” noted U.S. Attorney Kennedy. “Most of those loans were in turn sold to Fannie Mae or Freddie Mac, entities which were created by Congress to perform and an important role in our country’s housing finance system. As a result of the fraudulent conduct alleged in this indictment, defendants’ conduct not only unjustly enriched them but threatened to undercut the very foundations upon which our mortgage banking and investment systems are based.”
“We must protect the tens of thousands of investors who own mortgage backed securities,” said Gary Loeffert, Special Agent-in-Charge of the Buffalo Division. “This investigation is focused on stopping people from undermining the residential and commercial financing industry. Fraud for profit aims to misuse the mortgage lending process to steal cash.”
Some of the defendants are scheduled to be arraigned on May 23, 2018, at 2:00 p.m. before U.S Magistrate Judge H. Kenneth Schroeder.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Federal Housing Finance Agency, Office of Inspector General, under the direction of Special Agent-in-Charge Mark P. Higgins.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Kingsmen President, Regional President, and Member Convicted by A Federal Jury of Murder and Racketeering Following Four Month TrialRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - Following a four-month trial, a federal jury in Buffalo, New York, has convicted three leaders and members of the Kingsmen Motorcycle Club (KMC), including the National President, of multiple charges for their roles in a major racketeering operation that involved violence and murder.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney James P. Kennedy Jr. for the Western District of New York and Special Agent in Charge Gary Loeffert of FBI Buffalo made the announcement.
David Pirk, 67, KMC National President, and Andre Jenkins aka Little Bear, 39, KMC member and Nomad, were convicted of RICO conspiracy, possession of firearms in furtherance of crime of violence, murder in aid of racketeering, possession and discharge of a firearm in furtherance of a crime of violence, using and maintaining premises for drug dealing and possession of firearms in furtherance of a drug trafficking crime. Jenkins was also convicted of being a felon in possession of a firearm.
Timothy Enix, aka Blaze, 58, KMC member and Florida/Tennessee Regional President, was convicted of RICO conspiracy, possession of firearms in furtherance of a crime of violence, using and maintaining premises for drug dealing and possession of firearms in furtherance of a drug trafficking crime.
“The defendants and their associates transformed the Kingsmen Motorcycle Club into a vicious gang that terrorized the Buffalo area, engaging in senseless murders, brutal violence, robberies, and drug trafficking,” said Acting Assistant Attorney General Cronan. “But after today’s verdict, the Kingsmen Motorcycle Club’s reign of terror is coming to an end. The U.S. Department of Justice and our partners will aggressively pursue violent gangs wherever they are found and bring them to justice.”
“Today’s verdict demonstrates that the rule of law, as enforced by the dedicated men and women of this Office together with our partners in federal, state, and local law enforcement, is more powerful than even the murderous leaders of an outlaw biker gang,” said U.S. Attorney Kennedy. “Through the tireless work of our trial team, led by Assistant U.S. Attorneys Joe Tripi, Chief of the Strategic Operations and Prosecutions Section, and Brendan Cullinane, of the Office’s Narcotics and Violent Crime Section, together with prosecutor Marianne Shelvey of DOJ’s Organized Crime and Gang Section and case agents, HSI Special Agent Gregory Mango and FBI Special Agent Steven Donnelly, the full truth has finally been revealed. The ringleaders of the Kingsmen Motorcycle Club have been exposed as the murderous, drug-dealing, gun-toting, misogynistic thugs that they are, and all of those responsible for the senseless murders of Paul Maue and Daniel ‘DJ’ Szymanski have been finally brought to justice.”
“Motorcycle gangs have evolved over 70 years from bar-room brawlers to somewhat sophisticated criminals,” said FBI Special Agent in Charge Loeffert. “The Kingsmen's leadership not only voiced a desire to turn its club into a “one-percenter” gang, it acted on that desire when Paul Maue and DJ Szymanski were killed. Those murders told everyone that the Kingsmen do not want to be aligned with the vast majority of riders who are law-abiding citizens. With today’s verdicts, the repeated and regular acts of violence so inculcated into the culture of the Kingsmen Motorcycle Club are over.”
“The guilty verdicts issued today are a powerful example of justice being served against a ruthless and violent criminal gang,” said HSI Special Agent in Charge Kevin Kelly. “Cases like these demonstrate that the combined resolve of all of the participating law enforcement agencies is a vital force against criminal groups.”
According to court documents and evidence presented by the government at trial, beginning in 2013, certain KMC members, including defendant David Pirk, wanted to establish the KMC as a 1 percent club. The 1 percent refers to a previous statement by a representative of the American Motorcycle Association that 99 percent of motorcyclists were law-abiding citizens with the remaining 1 percent engaged in certain activities such as drug and firearm trafficking, and acts of violence. The defendants, and others, participated in, directly and indirectly, acts of murder, assault, robbery, kidnapping, drug trafficking, obstruction of justice, and witness tampering.Acts of violence committed by the KMC include:
• In September 2014, Pirk told defendant Jenkins to “take care of it.” This was in reference to KMC members Paul Maue and Daniel “DJ” Szymanski who were murdered behind the North Tonawanda KMC Chapter clubhouse on Sept. 6, 2014.
• On June 7, 2013, KMC forcibly shut down the Springville Chapter and strip members of their colors because they were non-compliant members. Brandishing firearms, KMC members struck a victim in the head with a blunt object and stole items from the Springville clubhouse. They then used bleach to clean areas where the victim bled and cut and removed portions of the rug, which contained blood.
• On Sept. 12, 2009, a female victim was punched repeatedly in the face by a KMC member and then held against her will for three days to conceal her facial injuries from police.
Sentencing is set for Sept. 25 before U.S. District Court Judge Elizabeth A. Wolford, who presided over the trial of the case.
The investigation was led by the FBI’s Safe Streets Task Force. Assisting in the investigation were the FBI Knoxville, Tennessee and Jacksonville, Florida Field Offices; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; the Erie County Sheriff’s Office; the Buffalo Police Department; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the New York State Police; the Olean Police Department; the Lancaster Police Department; the Amherst Police Department; the Town of Tonawanda Police Department; the Niagara Frontier Transportation Authority Police; the Cattaraugus County Sheriff’s Department; and the Hamburg Police Department. Trial Attorney Marianne Shelvey of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys Joseph Tripi and Brendan Cullinane for the Western District of New York prosecuted the case.Kingsmen Motorcycle Club Gang President, Regional President, and Member Convicted by A Federal Jury of Murder and RacketeeringRead the Press Release
Following a four-month trial, a federal jury in Buffalo, New York, has convicted three leaders and members of the Kingsmen Motorcycle Club (KMC), including the National President, of multiple charges for their roles in a major racketeering operation that involved violence and murder.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney James P. Kennedy Jr. for the Western District of New York, Special Agent in Charge Gary Loeffert of FBI Buffalo, and Special Agent in Charge Kevin Kelly of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) made the announcement.
David Pirk, 67, KMC National President, and Andre Jenkins aka Little Bear, 39, KMC member and Nomad, were convicted of RICO conspiracy, possession of firearms in furtherance of crime of violence, murder in aid of racketeering, possession and discharge of a firearm in furtherance of a crime of violence, using and maintaining premises for drug dealing and possession of firearms in furtherance of a drug trafficking crime. Jenkins was also convicted of being a felon in possession of a firearm.
Timothy Enix, aka Blaze, 58, KMC Nomad, National Secretary/Treasurer, and Florida/Tennessee Regional President, was convicted of RICO conspiracy, possession of firearms in furtherance of a crime of violence, using and maintaining premises for drug dealing and possession of firearms in furtherance of a drug trafficking crime.
“The defendants and their associates transformed the Kingsmen Motorcycle Club into a vicious gang that terrorized the Buffalo area, engaging in senseless murders, brutal violence, robberies, and drug trafficking,” said Acting Assistant Attorney General Cronan. “But after today’s verdict, the Kingsmen Motorcycle Club’s reign of terror is coming to an end. The U.S. Department of Justice and our partners will aggressively pursue violent gangs wherever they are found and bring them to justice.”
“Today’s verdict demonstrates that the rule of law, as enforced by the dedicated men and women of this Office together with our partners in federal, state, and local law enforcement, is more powerful than even the murderous leaders of an outlaw biker gang,” said U.S. Attorney Kennedy. “Through the tireless work of our trial team, led by Assistant U.S. Attorneys Joe Tripi, Chief of the Strategic Operations and Prosecutions Section, and Brendan Cullinane of the Office’s Narcotics and Violent Crime Section, together with prosecutor Marianne Shelvey of DOJ’s Organized Crime and Gang Section and case agents, HSI Special Agent Gregory Mango and FBI Special Agent Steven Donnelly, the full truth has finally been revealed. The ringleaders of the Kingsmen Motorcycle Club have been exposed as the murderous, drug-dealing, gun-toting, misogynistic thugs that they are, and all of those responsible for the senseless murders of Paul Maue and Daniel ‘DJ’ Szymanski have been finally brought to justice.”
“Motorcycle gangs have evolved over 70 years from bar-room brawlers to somewhat sophisticated criminals,” said FBI Special Agent in Charge Loeffert. “The Kingsmen's leadership not only voiced a desire to turn its club into a “one-percenter” gang, it acted on that desire when Paul Maue and DJ Szymanski were killed. Those murders told everyone that the Kingsmen do not want to be aligned with the vast majority of riders who are law-abiding citizens. With today's verdicts, the repeated and regular acts of violence so inculcated into the culture of the Kingsmen Motorcycle Club are over.”
“The guilty verdicts issued today are a powerful example of justice being served against a ruthless and violent criminal gang,” said HSI Special Agent in Charge Kelly. “Cases like these demonstrate that the combined resolve of all of the participating law enforcement agencies is a vital force against criminal groups.”
According to court documents and evidence presented by the government at trial, beginning in 2013, certain KMC members, including defendant David Pirk, wanted to establish the KMC as a one percent club. The one percent refers to a previous statement by a representative of the American Motorcycle Association that 99 percent of motorcyclists were law-abiding citizens with the remaining one percent engaged in certain activities such as drug and firearm trafficking, and acts of violence. The defendants, and others, participated in, directly and indirectly, acts of murder, assault, robbery, kidnapping, drug trafficking, obstruction of justice, and witness tampering.
Acts of violence committed by the KMC include:
- In September 2014, Pirk told defendant Jenkins to “take care of it.” This was in reference to KMC members Paul Maue and Daniel “DJ” Szymanski who were murdered behind the North Tonawanda KMC Chapter clubhouse on Sept. 6, 2014.
- On June 7, 2013, KMC forcibly shut down the Springville Chapter and strip members of their colors because they were non-compliant members. Brandishing firearms, KMC members struck a victim in the head with a blunt object and stole items from the Springville clubhouse. They then used bleach to clean areas where the victim bled and cut and removed portions of the rug, which contained blood.
- On Sept. 12, 2009, a female victim was punched repeatedly in the face by a KMC member and then held against her will for three days to conceal her facial injuries from police.
- As part of the enterprise, members of the organization used women to deal narcotics and encouraged prostitution in the clubhouses as a way to entice members and the public to come to the clubhouses to further their profits.
Sentencing is set for Sept. 25 before U.S. District Court Judge Elizabeth A. Wolford, who presided over the trial of the case.
The investigation was led by the FBI’s Safe Streets Task Force. Assisting in the investigation were the FBI Knoxville, Tennessee and Jacksonville, Florida Field Offices; HSI Buffalo; the Erie County Sheriff’s Office; the Buffalo Police Department; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the New York State Police; the Olean Police Department; the Lancaster Police Department; the Amherst Police Department; the Town of Tonawanda Police Department; the Niagara Frontier Transportation Authority Police; the Cattaraugus County Sheriff’s Department and the Hamburg Police Department. Trial Attorney Marianne Shelvey of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys Joseph Tripi and Brendan Cullinane for the Western District of New York prosecuted the case.
- In September 2014, Pirk told defendant Jenkins to “take care of it.” This was in reference to KMC members Paul Maue and Daniel “DJ” Szymanski who were murdered behind the North Tonawanda KMC Chapter clubhouse on Sept. 6, 2014.
Former Rochester Man Indicted on Child Pornography ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury returned an indictment charging David Roy Jones, 52, formerly of Rochester, NY, with two counts of production of child pornography. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the indictment, on January 13, 2004, the defendant coerced minor Victim 1 to engage in sexually explicit conduct for the purpose of producing visual depictions of such conduct. Jones saved and stored the pictures and videos on several electronic media devices.
Subsequently, on July 9, 2006, Jones once again coerced minor Victim 1, as well as a second victim, minor Victim 2, to engage in sexually explicit conduct for the purpose of producing visual depictions of such conduct. Jones once again saved and stored the pictures and videos on several electronic media devices.
Members of the public who have specific information related to this case are urged to contact the FBI Buffalo Office at 716-856-7800. If any members of the public have general questions or concerns regarding sexual abuse of children or would like guidance on how to discuss this issue with children, please call the Bivona Child Advocacy Center at 1-585-935-7800.
The defendant was arraigned before U.S. Magistrate Judge Jonathan W. Feldman and is being detained.
The indictment is the result of an investigation by the Federal Bureau of Investigation’s Child Exploitation Task Force, under the direction of Special Agent-in-Charge Gary Loeffert.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Elmira Man Pleads Guilty to Receipt of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced that Taylor T. Sullivan, 21, of Elmira, NY, pleaded guilty to receipt of child pornography before U.S. District Judge David G. Larimer. The charge carries a minimum penalty of five years in prison, a maximum of 20 years, and a fine of $250,000.
Assistant U.S. Attorney John J. Field who is handling the case, stated that on April 4, 2017, Sullivan used the instant messaging app Kik to pose a 13 year-old minor female during online chats. The defendant solicited and received images and videos of child pornography. During this activity, commonly referred to as “catfishing,” Sullivan obtained a video from another individual that depicted the rape of a four-year-old girl. In addition to the video, the defendant received more than 600 other images and videos of child pornography, some of which involved prepubescent minors and depictions of violence.
The plea is the result of an investigation by the New York State Police, under the direction of Major Richard Allen, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
Sentencing is scheduled for August 16, 2018, at 11:00 a.m. before Judge Larimer.
Buffalo Man Pleads Guilty to Threatening to Kill Police Officers on Social MediaRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Arthur Jordan, 24, of Buffalo, NY, pleaded guilty to interstate communication of threat to injure before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Scott S. Allen, Jr., who is handling the case, stated that on July 6, 2016, the defendant used social media to threaten police officers. Specifically, using Facebook and the screenname “MacBmw Jordan” posted, “Let’s Start Killin Police Lets See How Dey Like It.” On July 14, 2016, the defendant possessed a loaded firearm while walking in the City of Buffalo.On May 3, 2018, Jordan was sentenced to two-and-a-half years in prison in Erie County Court following his plea to Attempted Criminal Possession of a Weapon in the Second Degree.
“It is fitting that this plea was entered during National Police Week,” said U.S. Attorney Kennedy. “The courageous and professional men and women of state and local law enforcement need to know that they have the support and thanks of the United States Attorney’s Office and the entire Department of Justice. A threat to any one of them is a threat to our system of justice.”
Today’s plea is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
Sentencing is scheduled for August 9, 2018, at 12:00 p.m. before Judge Geraci.
Buffalo Man Pleads Guilty to Operating A Cocaine Conspiracy Near A Buffalo SchoolRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Aaron Hill, 31, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of cocaine before U.S. District Judge Richard J. Arcara. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, a $5,000,000 fine, or both.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that the defendant conspired with Stevie Alejandro who operated the Barberians Barber Shop at 1132 East Lovejoy Street, which is located directly across from Buffalo Public School #43, the Lovejoy Discovery School. Between May 2017 and October 18, 2017, the defendant participated in the cocaine conspiracy with co-defendants Alejandro, Cleophus Dentmond, Gilbert Guzman, Catherine Ramos, and others, to distribute cocaine in the Lovejoy District.
During the conspiracy, Alejandro conducted negotiations with an undercover law enforcement officer regarding the sale, cost, amount, and delivery of cocaine. Then, Hill, or one of his co-conspirators, would conduct the drug transaction with the undercover officer. All proceeds went back to Alejandro. The defendant was involved in a total of 14 cocaine sales, either direct hand to hand sales, or by facilitating the distribution via other co-conspirators.
Defendants Alejandro and Dentmond were previously convicted. Charges are pending against defendants Guzman and Ramos. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Today’s plea is the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the Cheektowaga Police Department, under the direction of Chief David Zak; and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard
Sentencing is scheduled for August 27, 2018, at 12:30 p.m. before Judge Arcara.
Buffalo Man Arrested and Charged with Firearms TraffickingRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Robert L. Williams, Jr., 36, of Buffalo, NY, was arrested and charged by criminal complaint with illegal transportation of a firearm purchased outside of New York, and being a felon in possession of a firearm. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorneys Emmanuel O. Ulubiyo and Timothy C. Lynch, who are handling the case, stated that according to the complaint, between November 2017, and May 2018, the defendant traveled from Buffalo, NY to the State of Ohio where he utilized multiple straw purchasers to acquire approximately 80 firearms. The straw purchasers bought the firearms, mainly pistols, at gun shows or from federal firearms licensees. Williams then returned to Buffalo and sold the firearms to multiple buyers.Law enforcement officers believe that at least two of the firearms have been used in acts of violence in Buffalo.
The defendant made an initial appearance this afternoon before U.S Magistrate Judge H. Kenneth Schroeder and is being held pending a detention hearing on May 22, 2018 at 10:00 a.m.
The defendant was previously convicted in New York State Court of a gun felony and two drug felonies and is legally prohibited from possessing firearms. Williams is currently on parole for the gun conviction.
The complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Buffalo Couple Arrested, Charged with Cocaine ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Kayode Yard, a/k/a Eric Thomas, 44, and Arlynda Ray, 46, both of Buffalo , NY, were arrested and charged by criminal complaint with conspiracy to possess with the intent to distribute, and to distribute, 500 grams or more of cocaine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years and a $5,000,000 fine.
Assistant U.S. Attorney Patricia Astorga, who is handling the case, stated that according to the complaint, Kayode Yard sold a quantity of suspected heroin to an individual working with the Drug Enforcement Administration.
Subsequently, on May 07, 2018, the New York State Police, while conducting routine patrol, stopped a 2018 Chevrolet Impala for vehicle and traffic violations on Interstate 90 in the Town of Glen, NY. This vehicle was being driven by defendant Ray and Yard was a passenger. During the traffic stop, the NYSP Trooper, a K9 handler, noticed the odor of marijuana coming from the vehicle and subsequently conducted an exterior search of the vehicle with his K9. The K9 alerted to the presence of a controlled substance emanating from the vehicle. A subsequent search of the vehicle led to the discovery of two kilogram-sized bricks containing a white powder substance in the trunk. Ray and Yard were immediately arrested. A field test of the substances seized from the vehicle indicated the presence of cocaine.
Yard and Ray made initial appearances before U.S Magistrate Judge H. Kenneth Schroeder. Yard is being detained. Ray was released on conditions.
The complaint is the result of an investigation by the New York State Police, under the direction of Major Robert Patnaude; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Henderson Man Sentenced for Sex Trafficking of A MinorRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Carl Burdick, 59, of Henderson, NY, who was convicted of transporting a minor across state lines for the purpose of engaging in sexual conduct, was sentenced to 20 years in prison and 10 years supervised release by U.S. District Judge Charles J. Siragusa. The defendant will also have to register as a sex offender.
Assistant U.S. Attorney Kyle Rossi, who handled the case, stated that Burdick, a long haul truck driver, utilized text messaging and social media to develop a sexual relationship with a 15-year-old female living in the Western District of New York. The defendant engaged in grooming activity over a period of several months in 2015, during which he solicited nude photographs from the victim. In the summer of 2015, Burdick took the victim from her home in Wayne County to the State of Montana in his tractor-trailer, during which time the defendant engaged in criminal sexual activity with the victim.
The sentencing is the result of an investigation by the Wayne County Sherriff’s Department, under the direction of Barry Virts; the Monroe County Sherriff’s Department, under the direction of Sheriff Todd Baxter; the New York State Police, under the direction of Major Richard Allen; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert. Additional assistance was also provided by the Bivona Child Advocacy Center.
Buffalo Man Pleads Sentenced for Distributing FentanylRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jeremy Jorge, 21, of Buffalo, NY, who was convicted of distribution of fentanyl, was sentenced to 24 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorneys Scott S. Allen, Jr., and Wei Xiang, who handled the case, stated that on at least seven occasions, between December 2016 and September 2017, the defendant sold what he marketed as heroin in exchange for sums of money between $300 and $1,300. A forensic analysis later determined that the substances contained a mixture of various controlled substances including heroin, fentanyl, butyryl fentanyl, furanyl fentanyl, and U-47700. In total, Jorge distributed over 24 grams of fentanyl in the community.
Today’s sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
Armed Drug Trafficker Pleads GuiltyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Phillip Taylor, 28, of Rochester, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to possession with intent to distribute cocaine and possession of a firearm and ammunition by a convicted felon. The charges carry a maximum penalty of 30 years in prison, and a fine of $2,000,000 or both.
Assistant U.S. Attorney Charles Moynihan, who is handling the case, stated that Taylor, a two-time convicted felon, was arrested following a police investigation which took Rochester Police officers to 173 Anderson Avenue to investigate a report of a person dropping a handgun in the parking lot of the business located there. When officers arrived, they saw a person, later identified as Taylor, get into the driver’s seat of a blue Ford Escape and drive off after officers went to speak with him about the reported handgun. The defendant drove his car in the direction of one of the responding officers, coming within inches before driving away. Taylor also struck a brick structure with his vehicle as he exited the parking lot and continued traveling westbound on Anderson Avenue as officers pursued him. Officers followed Taylor in police cars onto College Avenue where the defendant struck a tree. Undeterred, Taylor continued to flee on foot with officers in pursuit. During the chase, officers could see the defendant holding the right side of his pants while making several attempts to remove something from his pants pocket. Taylor was taken into custody in the area of 100 College Avenue. Officers searched the defendant and recovered a loaded .380 caliber semiautomatic handgun in his pocket, $704 in cash, and 12 vials containing cocaine.The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief Michael Ciminelli, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict.
Sentencing is scheduled for September 4, 2018 at 3:30 p.m. before Judge Geraci.